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BK: 2901 PG: 1160 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Members entering into agreements with third -parties shall be solely responsible for any and all obligations contained in such agreements and nothing in any third -party agreement shall be binding or enforceable against any other member unless such member is a party to such agreement and consents to such obligation. SECTION 15. Modifications to NETWORK. Should the planned activities of a member require NETWORK upgrades or modifications to accommodate such member's use of the NETWORK, that member shall be solely responsible for all costs associated with such upgrades and modifications, except to the extent any other member(s) agree to participate in a cost- sharing arrangement for the upgrades or modifications. Any member proposing a NETWORK upgrade or modification, including but not limited to, any new connection, shall notify and submit all applicable construction documents to the other members at least thirty (30) calendar days prior to the date construction activities are expected to commence. The other members shall review the proposal as soon as practicable and promptly provide comments, if any, on the proposed upgrade and modification to the proposing member. Whenever a member plans to extend a fiber optic cable the other members shall be provided the option to participate in the project unless the proposing member requires 100% usage of such fiber extension. If other members elect to participate in the fiber extension, the construction costs shall be shared by all participating members based on the proportionate ownership share in such fiber extension to be assigned to each member. Any NETWORK upgrades, modifications, or connections that may cause disruption or interference of NETWORK service shall be coordinated with the other members and any affected Licensees such that the work is performed at a time so as to minimize disruption and interference of NETWORK service. SECTION 16. Relocation of NETWORK. If relocation of any portion of the NETWORK is required by a member, all expenses of such relocation, including but not limited to engineering, construction, materials, and labor, shall be borne by the member requiring the relocation, except to the extent that another member may agree to participate in such relocation for their own benefit. If relocation of any portion of the NETWORK is required by a third -party (e.g., Florida Department of Transportation or other governmental agency or public utility doing work in the rights-of-way), the net expenses of such relocation, including but not limited to engineering, construction, materials, and labor, shall be shared by the affected members pursuant to the expense sharing provisions of this Agreement after deduction for all applicable payments, reimbursements, allowances, and credits given or made for such NETWORK relocation by any third -party. SECTION 17. Construction Locates. The City shall add any underground portions of the NETWORK within its utility service areas (electric, water, and wastewater) to its membership in Sunshine 811. The County Page 10 of 19 2015.2.06.Edited.Fiber Optic Agreemcnt.CLEAN.doc